Operating While Intoxicated, Operating While Visibly Impaired, Operating with the Presence of Drugs: Not Guilty!
At a recent jury trial, Dominic Jr. secured Not Guilty verdicts on all three counts involving drunk driving! The jury found the defendant not guilty of Operating While Intoxicated (OWI); Operating While Visibly Impaired (OWVI); and Operating with the Presence of Drugs (OWPD). The jury deliberated for only 15 minutes!
The Charges: OWI; OWVI; and OWPD.
The Prosecutor and Deputy sheriff accused the citizen of violating Michigan law by operating a motor vehicle while intoxicated, operating a motor vehicle while visibly impaired, and operating with the presence of drugs in his system while driving a motor vehicle.
At the time, marijuana was still an illegal controlled substance in Michigan, except for medical use with registered patients. It was a controlled substance listed under the public health code. The citizen had marijuana (THC) and the marijuana metabolite (THC-COOH) in his system. The metabolite, THC-COOH, is not an intoxicating substance.
After this case, Michigan legislation has changed to make marijuana no longer one of the many controlled substances.
Each of the three charges is a misdemeanor punishable by up to 93 days of jail time in Michigan. That means the person if convicted of any of the three crimes, could have spent up to 93 days in jail. Each of the three charges also has fines and costs of up to $500. The law states that community service can also be required. You can also have your driver’s license suspended. You may also have a restricted license with things such as an ignition interlock device.
For those accused of committing these crimes for a second time (a second offense), the penalty increases to one year in jail. You can also lose your driver’s license for one year or more in addition to more community service, fines, costs, a reinstatement fee, and vehicle immobilization.
The Prosecutor’s Supposed Story:
The Deputy got to the scene and saw a car in the ditch. After getting out, the Deputy saw two guys (one the accused citizen) standing on the side of the road.
After asking who the driver was and seeing a beer can in the snowbank, the deputy started giving the accused citizen Standardized Field Sobriety Tests. The accused citizen supposedly failed the field sobriety tests. The deputy then gave the defendant a preliminary breath test on the side of the road.
After arresting the citizen, the deputy took the accused citizen to the hospital to take the driver’s blood. After drawing the blood, the Michigan State Police forensic science lab tested it. It came back positive for alcohol and marijuana: both active THC and inactive THC-COOH metabolite.
At trial, the prosecuting attorney claimed the defendant operated the car under the influence of both alcohol (aka drunk driving) and also operating with the presence of drugs (drugged driving), each of which was a first offense. They admitted to evidence of the blood tests showing alcohol and the presence of drugs in his system.
Interestingly, they did not want the PBT in evidence, because they did not want the jury to know that the accused citizen’s blood alcohol content was rising between the time the sheriff gave the citizen the PBT and the blood draw at the jail.
The prosecutor asked the jury to convict the citizen of each misdemeanor crime and criminal offense.
What the testimony was:
At trial, Dominic Jr. showed the jury that the accused citizen did not look, act, or sound drunk or high on the deputy’s bodycam. The citizen didn’t slur his words, wasn’t stumbling all around, and was responsive and polite with the officer.
Two other people at the scene testified that the car went into the ditch because the car’s back tire was flat. They also testified that, once the car was in the ditch, they called for a ride. While waiting for a ride, the driver then drank a couple beers.
Dominic Jr. cross-examined the deputy. Through the deputy, Dominic Jr. showed the jury that the deputy did not fully investigate the flat tire or if the citizen did indeed drink after going in the ditch. Dominic Jr. also showed the jury the bodycam video. All the prosecutor relied on was the deputy’s testimony; the prosecutor didn’t want to show the video.
Dominic Jr. then cross-examined the Michigan State Police lab techs. He got them to admit how important uncertainty is, what it means, and that the uncertainty for THC is 25%. That means that, per the citizen’s blood results, it was possible that the citizen’s blood test would show no marijuana level. In other words, it was possible that marijuana was not in the citizen’s bloodstream while the citizen was driving.
Result: Not Guilty!
After 15 minutes, the jury returned with the verdict: Not Guilty on all counts!
It was a tough case because any conviction on any count is the same as being convicted on all counts. That is because all three charges have the same penalty. Anything less than a full win was a loss.
A drugged driving conviction or any other conviction in the criminal case would immediately result in driver’s license suspension.
Thankfully, the jury found the accused citizen not guilty on all counts.
If you or a loved one has been accused of a crime, call Andriacchi Law’s criminal defense attorneys for a free consultation.
At Andriacchi Law, we help citizens accused of all crimes. Any conviction can be a serious charge. We help people charged with everything from domestic violence to murder. We’ve represented clients in all Michigan courts, from district court to the Supreme Court.
We can help you, too. If you or someone you know has been charged with a crime, give us a call right now at (906) 486-4457 or email us at [email protected]. You need to act now so that you, or someone you know, don’t say the wrong thing or let important evidence disappear.